Discussion questions - Coursework Example

1) Would the Canadian charter of rights and freedom prohibit an employer from putting in place a selection system that favored women over men in the hiring process? Could such discrimination ever be justified under the charter?
Over the years, the Canadian hiring practices…

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ather encourage employers to put selection system favoring women in the hiring process as an affirmative action in order to boost their participation in national building. This implies that the discrimination could be justified as a mechanism of smoothening out the employment sector on the basis of quotas and proportional presentation in the employment sector (Coral & Practising Law Institute, et al. 2009).
Employment discrimination has often been responsible for enhanced equality in job placements especially in across Canada where inequality is highly integrated. However, discrimination is based upon diverse variables or grounds. Certain grounds are unacceptable while others are mutually accepted. In the Canadian province of Alberta, discrimination on the basis of sexual orientation is prohibited. In particular, either gay or lesbians facing discrimination on the basis of their sexual orientation are prohibited from recourse via apt mechanisms laid down in the IRPA enabling them to subject their experiences of discrimination besides incapacitating them to uphold a legal remedy (Koral & Practising Law Institute, et al. 2009).
A Canadian employer may justify the adverse implications of the procedure used in employment selection on several grounds. For instance, according to the Alberta Human Rights Act, there are exemptions to discrimination. This means that some grounds of discrimination are justifiable. In section 7 of the Act, an employer may be justified to discriminate if such discrimination is based on occupational requirement. Subsequently, section 11 justifies discrimination if such action is both ‘reasonable and permissible within the prevailing circumstances’ (Koral & Practising Law Institute, et al. 2009). In this regard, employer’s discriminatory practices demonstrate the fact that their standards do not contravene the law.
To accommodate an individual to a point of undue hardship basically entails a provision under the Supreme Court of Canada
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